EMPLOYMENT BASED PERMANENT VISAS

Commonly knows as the “Green Card” Process, this is a 2 or 3-step process:

1) Labor Certification: In order for an employer to sponsor an employee for Permanent Resident status, the employer must file an Application for Permanent Employment Certification with the Department of Labor. For Labor Certification, the employer must post the employee’s position (that is the employer must “recruit” for the position) and determine that there are no U.S. workers who are qualified and willing to accept the position as offered (unless multiple positions are advertised for).2) I-140 Petition for Immigrant Worker: This is the Petition filed by the Employer on behalf of the Employee, with USCIS, after the labor certification is approved.3) I-485 Adjustment of Status (AOS): the final step in the Green Card process for employees in the U.S. The “adjustment” refers to a change of status from a temporary visa (H-1B or TN for example) to that of a “permanent resident.” After an application for Adjustment of Status is approved, the Permanent Resident card issued by USCIS is commonly referred to as a “green card.” Can apply for an EAD (temporary work authorization document) and Advance Parole document (allows for travel while the green card application is pending) with the I-485 application, those are approved for 1-2 years and those can be renewed as long as the green card is pending.There are five preference categories for Employment Based Permanent Visas:

1. First Employment-Based Preference for "priority workers": (No labor certification required) A International Managers and executives transferred to work for a U.S. company; B. Outstanding professors and researchers with universities or private employers that have established research departments; and C. Persons of "extraordinary ability" in the sciences, arts, education, business, and athletics (no offer of employment required).

2. Second Employment-Based Preference (Labor Certification required unless waived) Persons of "exceptional ability" in the sciences, arts, or business and persons with advanced degrees or their equivalent (that is, a baccalaureate degree plus 5 years progressive work experience in the field). If work performed is in the National Interest and unique in nature, Labor Certification not required.

3. Third Employment-Based Preference (Labor Certification and job offer required) A. Professionals with bachelor's degrees not qualifying in the second preference; B. Skilled workers (filling positions requiring at least two years of training and experience); an C. Unskilled workers. Points when considering immigration under one of the first three preference categories: The U.S.-based employer must offer full-time, permanent employment. For the Second and Third preferences, where a Labor Certification is required, the employer must advertise the position and prove that no qualified U.S. worker was found ready and able to fill the position. To qualify for an employment-based preference, the alien must meet the minimum requirements for the job, the employer must be able to pay the wage offered, and the alien and employer must both intend for the alien to undertake the position.

4. Fourth Employment-Based Preference Religious workers: Person must have been a member of a religious denomination having a bona fide nonprofit, religious organization for two years immediately preceding application; Seek to enter to carry on his/her vocation or religious occupation; and Must have carried on such vocation or occupation for at least 2 years.

EMPLOYMENT BASED TEMPORARY VISAS

In order to come to the United States lawfully as a nonimmigrant to work temporarily in the United States your prospective employer must generally file a nonimmigrant petition on your behalf with USCIS. The main nonimmigrant temporary worker classifications are listed below. For more information about particular nonimmigrant classifications, click on the links below.

NOTICE: Nothing on this web site should be taken as legal advice for any individual case or situation. All information provided here is general in nature, and should not be relied upon for any specific situation. For sound legal advice, consult an attorney experienced in immigration law.

Sending an email, faxing documents, or completing a questionnaire does not establish an attorney-client relationship with Guyton Thuente, P.A., either express or implied. Only the conclusion of a contractual agreement between Guyton Thuente, P.A. and the person seeking legal representation can formalize such a relationship.​